1. Öffentliche Aufgaben in privater Hand – Sachverantwortung und Finanzierungslast
- Author
-
Hanno Kube
- Subjects
Public Administration ,media_common.quotation_subject ,Private law ,Municipal law ,Basic law ,Public law ,Public interest law ,Law ,State liability ,Sociology ,Financial compensation ,Welfare ,media_common - Abstract
The German Basic Law envisions a role for both citizen and state in fostering the common welfare. Trust in individual freedom is the starting point for achieving this goal. But individual contributions to the public welfare usually entail individual financial responsibility as well. Only in certain exceptional cases does the law provide for financial compensation. These exceptions are to be found in public interest law, in the law on subsidies and in the law on state liability. The exceptional character of compensatory regulations is rooted in the dichotomy between state and society. According to this dichotomy, legal constraints on private freedom generally only serve to circumscribe individual spheres of liberty. The dichotomy between state and society, however, is becoming increasingly vague. More and more often, citizens are legally obligated to actively support public purposes. In addition, the law increasingly allocates financial responsibility for promoting the common welfare to individual...
- Published
- 2008
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